JUDGMENT

The petitioners, who are stated to be the owners of property having an extent of 5.79 Ares in Re-survey No.62/2 of Thrikkakara North Village, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 communication No.BA-115/16 dated 07.03.2019 issued by the 3rd respondent, who is the Secretary of the 2nd respondent Municipality, as it is arbitrary, illegal and void. The petitioners have also sought for a writ of mandamus commanding the 3rd respondent to issue them building permit based on application dated 12.04.2016. The further relief sought for is a writ of mandamus commanding the 3rd respondent to accept an affidavit from the petitioners agreeing to demolish the construction, without claiming any compensation, as and when Ext.P3 scheme is implemented.

2. On 27.03.2019, when this writ petition came up for admission, the 3rd respondent Secretary of the Municipality was directed to file an affidavit explaining the facts and circumstances in issuing Ext.P4 order in the light of the observations contained in Ext.P2 order of the Tribunal for Local Self Government Institutions in Appeal No.71 of 2017.

3. On 23.05.